East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Ejectment - Unfit and unsafe for human habitation - Landlord sought ejectment on ground that premises in question had been rendered unfit and unsafe for human habitation - Building expert deposed that flooring of building was not in a workable condition - Balas supporting roof had started decaying - Walls..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Ejectment - Personal necessity - Landlord sought eviction of tenant on ground of personal necessity to expand his business - Some of the tenants had already vacated portion in their occupation - Landlord wanted to renovate entire building and run his business in same - Held, landlord is the best judge qua his..........
Transfer of Property Act, 1882, Section 106 -- Notice - Relationship of landlord and tenant admitted - Held, service of summons in suit for ejectment can always be treated as a valid notice for terminating tenancy u/s 106 of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i), Power of Attorney Act, 1882, Section 1A, 2 -- Ejectment suit through power of attorney holder - Landlord permitted to examine himself as witness, although, his attorney had been examined - Held, no illegality in impugned order - Petitioner/tenant will get an opportunity to cross-examine him - Petition..........
Delhi Rent Control Act,1958 -- Ejectment - Lease agreement - Tenant had taken disputed premises as far back as in February, 1981 at the then rent of Rs.2,091/- per month for a period of three years with right of renewal of lease for a further period of three years on enhancement of rent by 15% over last paid rent - Tenant continued in occupation of premises for 32 years..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Ejectment - Co-owners of property - Partition - Held, a tenant inducted by one of the co-owners cannot be defeated in his statutory right of protection under the Act of 1949 by an allotment in partition to other co-sharers of property so long as lease itself was not collusive or in excess of authority of..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4(1), 5(1), Constitution of India, 1950, Article 226 -- Unauthorized occupants - Ejectment - Allotment of booth by Municipal Corporation - Allottee failed to pay installments - Show-cause notice u/s.4(1) of the Act of 1971 served upon him - Eviction order passed under S.5(1) - Petitioner (tenant of..........
Rent and Eviction -- Ejectment - Agreement of tenancy between parties provided for an adjudication by arbitral process - Plea that lease period has expired and, therefore, agreement cannot be relied on for reference to arbitration - Held, plea liable to be rejected - Arbitral agreement was to resolve any dispute and consequently whether tenant BSNL has a right to continue..........
Haryana Public Premises (Eviction and Rent Recovery) Act, 1972, Section 5, 7, Constitution of India, 1950, Article 226 - - Unauthorized occupants - Petitioners are in unauthorized possession over land which belongs to State of Haryana - They knew very well that they are in authorized possession but instead of accepting this fact they contested application with tooth and..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7, 11 -- Ejectment - As per revenue record Gram Panchayat was owner of `Banjar Qadim' land and petitioners were in forcible possession - Petitioners failed to prove any of conditions to exclude ownership of Gram Panchayat from disputed land - Held, such land would be deemed to have been vested in Gram..........
